State v. Kidder

• Decision Date: 27 December 2016
• Docket Number: No. 73106-8-I,73106-8-I
• Parties: STATE of Washington, Appellant, v. Darla Phoebe KIDDER, Respondent.
• Court: Washington Court of Appeals

197 Wash.App. 292

389 P.3d 664

STATE of Washington, Appellant,

v.Darla Phoebe KIDDER, Respondent.

No. 73106-8-I

Court of Appeals of Washington, Division 1.

FILED: December 27, 2016

Edwin Nick Norton, Skagit County Prosecuting Attorney, Haley Wolcott Sebens, Attorney at Law, 605 S. 3rd St., Mount Vernon, WA, 98273-3867, for Appellant.

Kevin Andrew March, Nielsen, Broman & Koch, PLLC, 1908 E. Madison St., Seattle, WA, 98122-2842, for Respondent.

Schindler, J.¶1 The court found Darla Phoebe Kidder incompetent to stand trial. The court entered an order of commitment to Western State Hospital (WSH) for a 90-day period of competency restoration treatment and stayed the criminal proceedings. Despite repeated court orders to transport Kidder to WSH and finding the State in contempt, Kidder remained in the Skagit County Jail. After expiration of the 90-day order of commitment, the court dismissed the criminal charge against Kidder without prejudice. The State seeks reversal. The State argues the court did not comply with the mandatory statutory procedures and substantial evidence does not support dismissal without prejudice. Because the court complied with the statutory procedures and the court had the authority to dismiss the charge without prejudice under former RCW 10.77.084(1)(c) (2012), and because substantial evidence supports the court order, we affirm dismissal of the criminal charge without prejudice.

Criminal Charge

¶2 On July 22, 2014, the State charged Darla Phoebe Kidder with one count of arson in the first degree. The affidavit of probable cause states that on July 18, police responded to a 911 call reporting a fire in the living room and laundry room of the apartment. At the arraignment on July 31, Kidder entered a plea of not guilty.

¶3 On August 19, the State filed an amended information charging Kidder with a second count of arson in the first degree. The supplemental affidavit of probable cause states that Kidder called 911 "reporting false fires 8 times between 06/08/14 and 06/17/14." On June 22, police responded to another 911 call reporting a fire in her apartment. The police extinguished a fire "on top of a rolling cart" in the bedroom. Kidder's caregiver told the police that Kidder "has become more and more delusional." The supplemental affidavit of probable cause states, in pertinent part:

KIDDER[']S caregiver ... advised that KIDDER has become more and more delusional stating that she is seeing smoke coming from the floors, and that the floors and walls are constantly moving. She advised that initially she was accusing her neighbors of having a marijuana grow, then a week and a half later they had a meth operation going. On the date of the fire she advised that KIDDER was telling her the neighbors were making heroin. She advised recently KIDDER has been dismantling the door handles on her sliding glass door and that the night before the fire she had pulled up the carpet in her residence as she thought she could see lights coming through the floor.

Competency Evaluation

¶4 The State did not arraign Kidder on the amended information. Instead, on August 21, the State requested the court order Western State Hospital (WSH) to conduct a competency evaluation of Kidder. The court found there is "reason to doubt the competency of the defendant" and ordered a competency evaluation in the Skagit County Jail by a qualified expert. The court stayed the proceedings and scheduled a review hearing for September 4, 2014. The court later agreed to continue the review hearing.

¶5 On September 12, WSH licensed psychologist Dr. Deanna Frantz conducted an in-jail competency evaluation of Kidder and prepared a report. Dr. Frantz states Kidder has not "previously received a forensic mental health evaluation", has not "been admitted for restoration services[,] nor has she been admitted inpatient on an involuntary or voluntary basis for treatment" at WSH. Kidder described a previous surgery for a brain aneurism, seizures following the surgery, and the need for in-home caregiver services. Dr. Franz states that before the surgery, Kidder used a number of illicit drugs but now uses marijuana daily.

¶6 Mental health records showed Kidder was diagnosed with major depressive disorder on July 9, 2008 but she "has not had any documented inpatient psychiatric hospitalizations or contact with [evaluation and treatment] facilities." Chart notes from her primary care doctor "describe Ms. Kidder from 2008 to 2011 as constantly seeking narcotic pain medications," and her doctor "noted ‘there has never been a greater source of stress in my professional life than trying to manage this patient's psychiatric and pain issues.’ " In 2011, the doctor stopped seeing Kidder.

¶7 A June 19, 2013 Skagit Regional Clinics chart note states Kidder was evaluated at the University of Washington and "it had been determined that ‘her spells and gait disorder were psychogenic’ " and she has "a ‘history of brain abscess ’." A May 27, 2014 Catholic Community Services Recovery Center assessment diagnosed Kidder with "Marijuana Dependence, Amphetamine Dependence, and Opiate Misuse."

¶8 A June 26, 2014 Skagit Valley Hospital "Discharge Summary" states Kidder was admitted after " ‘driving recklessly’ " and placed on a 72-hour hold in the Behavioral Health Unit. The Discharge Summary described Kidder as " ‘acutely psychotic ... probably with amphetamine toxicity because it was found along with cannabis in the urine drug screen test.’ "¹ Kidder was "discharged home with diagnostic impression of Psychosis not otherwise specified ‘probable cause methamphetamine’, Bipolar Disorder and ‘Cluster B Personality Disorder ’."

¶9 Dr. Franz described the difficulty of a definitive diagnosis but concluded Kidder exhibits symptoms of mental illness "indicative of a personality disorder" and a need for further evaluation.

Ms. Kidder has a long and complicated medical history, the complete records of which were not available at the time of this evaluation report. Available medical records suggest a mental health history of significant personality traits coupled with possible mood disorder, which has been described as Depressive Disorder and Bipolar Disorder....

....

Ms. Kidder evidenced delusional thought content in her description of her neighbors and her contention they have been manufacturing methamphetamine and in the process have been burning her belongings through the floors and walls. She described a "cold, chemical cinder" that "melts" her television and other belongings. She described seeing "the waves" caused by "the bleach they are cooking out of [the methamphetamine]". In addition to these reported visual hallucinations, she also reported possible auditory hallucinations in the form of "sounds" outside her window, which she stated the neighbors were making in order to "scare" her out of her apartment. Given Ms. Kidder's complex history and presentation, identifying the diagnosis that best explains these symptoms is difficult. In fact, there may not be a singular influencing diagnosis. Taking into account Ms. Kidder's age at onset and her significant use of illicit substances there is a likelihood of Substance/ Medication Induced Psychotic Disorder. This will be offered for diagnostic consideration. However, future diagnostic considerations may expand to neurocognitive disorder, mood disorder, or a primary psychotic disorder.

Weaved concurrently throughout Ms. Kidder's presentation with these noted symptoms are personality features indicative of a personality disorder. Ms. Kidder evidences a variety of personality features, including self-damaging impulsivity, affective instability, temper, stress-related paranoid ideation, going to excessive lengths to obtain nurturance and support from others, preoccupation with being taken care of/having to care for self, exaggerated expression of emotion, and rapidly shifting emotion. While some of these symptoms could be indicative of a mood disorder, at this time they appear most indicative of a personality disorder. As such, Other Specified Personality Disorder with Mixed Personality Features is offered.^[2]

¶10 Dr. Frantz states that although Kidder "does appear to have the capacity to have a factual understanding [of] the nature of the proceedings against her," in her opinion, "as a result of the symptoms of her mental illness, Ms. Kidder currently lacks the capacity to assist in her defense ."³ Dr. Franz recommended inpatient psychiatric treatment.⁴

Should the Court find that Ms. Kidder is not competent to stand trial and that she meets the criteria for competency restoration treatment, inpatient psychiatric treatment is recommended in order to assist in improving Ms. Kidder's mental condition, so that her competency may be restored.

¶11 Dr. Franz recommended that before any change in custody, the court order an evaluation for civil commitment under chapter 71.05 RCW. "Given the current clinical and historical assessment, I do recommend an evaluation by a [designated mental health professional] for civil commitment under RCW 71.05 prior to change in custody."

90-Day Commitment Order

¶12 The court held a hearing on the competency evaluation report on September 24, 2014. The court found Kidder was not competent to stand trial and stayed the proceedings for 90 days. The order commits Kidder to WSH "for a period of not more than" 90 days "for competency restoration as provided for in RCW 10.77.084 and .086." The order states WSH "shall submit a written report" and the report shall include:

(a) a description of the nature of the evaluation:

(b) a diagnosis or description of the current mental status of the defendant;

(c) whether the defendant suffers from a mental disease or defect, or has a developmental disability;

(d) if the defendant suffers from a mental disease or defect, or has a developmental disability, an opinion as to his/her capacity to understand the proceedings against him/her and to assist in his/her own defense;

(e) an opinion as to

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